The accused in the Nulane trial have argued the state had stuck to a preset conclusion about how it conducted its investigation and prosecution in the matter.
Five of the six accused have made discharge applications in terms of section 174 of the Criminal Procedure Act as they believe the state has no prospects of securing a conviction.state had a goal-orientated investigation and prosecution with an existing conclusion and investigated merely to prove their conclusion.
He also argued there was no evidence put before court that his clients were involved in any misrepresentation aimed at prejudicing anyone, and they therefore can’t be linked to count 2 of fraud in which common purpose and deliberate misrepresentation have to be proven. “What we see is that there’s no aorta of evidence to support the allegation for this common purpose [in relation to fraud],” Oldwage said
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